Can You Get a DUI Expunged in Florida?

Here’s the short answer: a Florida DUI expungement is not possible once you’ve actually been convicted. Florida law bars courts from withholding adjudication on a DUI (Fla. Stat. 316.656), and a DUI conviction can never be sealed or expunged. But if your case was dismissed, dropped, or you were found not guilty, you may be able to expunge the arrest record. And if your DUI was reduced to a lesser charge like reckless driving with adjudication withheld, a path to clearing your record can open up later. Your eligibility depends entirely on how your case ends, so the outcome you fight for now matters a lot.

Can a DUI Conviction Be Expunged in Florida?

No. A DUI conviction under Florida’s drunk driving statute (Fla. Stat. 316.193) cannot be sealed or expunged, ever. There’s no waiting period, no rehabilitation showing, and no number of clean years that changes this. The reason is built into the law.

To seal or expunge a record in Florida, you generally must never have been “adjudicated guilty” of the offense you want cleared. But Florida Statute 316.656 specifically forbids a judge from withholding adjudication in a DUI case. So if you’re convicted of DUI, the court must adjudicate you guilty, and that adjudication permanently blocks expungement (FDLE).

This is one reason the early decisions in your case carry so much weight. What happens before a conviction (a dismissal, a not-guilty verdict, or a reduced charge) can determine whether you ever get a clean record. To understand how a case moves from arrest to resolution, see our overview of the Florida DUI court process.

When You Can Expunge or Seal a Florida DUI

Even though a conviction is off the table, an arrest by itself is not a conviction. If your DUI charge resolves without a finding of guilt, you may qualify to clear it. In most cases, eligibility turns on the outcome below.

The charge was dismissed or you were found not guilty

If the prosecutor dropped the charge, the court dismissed it, or a jury or judge found you not guilty, you may be eligible to expunge the arrest record under Fla. Stat. 943.0585 (FDLE). Expungement is the stronger remedy: the record is physically destroyed by the agencies that hold it, and even law enforcement generally can’t view it without a court order.

The charge was reduced to reckless driving

A common defense outcome is reducing a DUI to reckless driving (sometimes called a “wet reckless”). Unlike DUI, a court can withhold adjudication on reckless driving. If adjudication is withheld and you weren’t convicted, you may be able to seal the record under Fla. Stat. 943.059. Sealing hides the record from public view, though certain government agencies retain access (FDLE).

From sealed to expunged: the 10-year path

Once a record has been sealed for 10 years, you can then petition to expunge it, as long as you stay qualified and aren’t convicted of anything else during that decade (FDLE). So a reduced charge with adjudication withheld can eventually lead to a fully expunged record, just on a long timeline.

The one-time limit

Florida allows only one court-ordered sealing or expungement in your lifetime, and only one arrest record per proceeding, under Fla. Stat. 943.059 and 943.0585 (FDLE). If you’ve used this relief before, you generally can’t use it again. That makes timing and strategy worth thinking through carefully.

Florida DUI Expungement: Eligibility and Costs at a Glance

Here’s how the common scenarios compare. Treat these as general rules; your specific facts (prior record, injury, the exact disposition) can change the analysis.

On cost, the Florida Department of Law Enforcement charges a $75 fee to apply for the Certificate of Eligibility you’ll need before petitioning the court (FDLE). That’s separate from any court filing costs or attorney fees. For a fuller picture of what a DUI runs in Florida overall, see our breakdown of the total cost of a DUI.

How the Florida Expungement Process Works

If you’re eligible, the process runs through FDLE and then the court. The basic steps look like this:

1. Apply for a Certificate of Eligibility. Send FDLE the application, your fingerprints, a certified copy of the disposition, and the $75 fee (FDLE).
2. Receive the Certificate. If you qualify, FDLE issues a Certificate of Eligibility confirming you meet the statutory criteria (FDLE).
3. File a petition with the court. You then file a sworn petition, the certificate, and a proposed order with the court that handled your case.
4. Wait for the judge’s order. Sealing or expungement is not automatic even with a certificate; the judge has discretion to grant or deny the petition.

The whole process commonly takes several months from start to finish. Because the rules are strict and you usually get just one shot, many people in this situation work with a lawyer rather than going it alone.

Keep in mind that clearing a court record is a separate question from your driving record and your license. An expungement does not erase a license suspension or related driving-record entries on its own. For that side of things, read about DUI license suspension in Florida and how to get your license back after a DUI.

Frequently Asked Questions

How long does a DUI stay on your record in Florida?

A DUI conviction stays on your Florida criminal record permanently, because it can’t be sealed or expunged (FDLE). Florida also keeps the DUI on your driving record for 75 years (FLHSMV). Only cases that end without a conviction, like a dismissal or acquittal, can potentially be cleared from the criminal record.

Can I expunge a DUI if it was my first offense?

Not if you were convicted. Florida treats a first DUI conviction the same as any DUI conviction for expungement purposes: it’s barred (Fla. Stat. 316.656). A first offense only becomes clearable if it’s dismissed, dropped, reduced with adjudication withheld, or you’re found not guilty. Learn more about a first-offense DUI in Florida.

What’s the difference between sealing and expunging in Florida?

When a record is sealed, the public can’t see it, but certain government agencies still can (FDLE). When a record is expunged, it’s physically destroyed by the agencies holding it, and those same agencies are told only that an expungement exists, without access to the contents unless a court orders it.

Does a refused breath test affect my expungement options?

A refusal triggers its own administrative license consequences under Florida’s implied consent law (Fla. Stat. 316.1932), separate from the criminal case. It doesn’t by itself block expungement; what matters is whether the criminal charge ends in a conviction. See more on refusing a breathalyzer in Florida.

Can a felony DUI be expunged in Florida?

No, not if it ends in a conviction. A felony DUI conviction is barred from sealing and expungement just like a misdemeanor DUI conviction (FDLE). The only route to clearing the record is a resolution without a finding of guilt. Read about how a DUI becomes a felony in Florida.

If you’ve just been arrested, the most useful thing you can do right now is focus on the outcome of your case, because that’s what controls whether your record can ever be cleared. Gather your paperwork, note any deadlines (including the 10-day window to request a formal review of an administrative license suspension), and get clear on your options before any court date. Knowing where you stand is the first calm step.